Tag Archives: NLRA

Another One Bites the Dust? NLRB Request for Briefing on Independent Contractor Standard Suggests Another Trump-Era Decision Is About To Be Overruled

Photo of Todd DawsonPhoto of Christian WhiteBy Todd Dawson and Christian White on Posted in NLRA, NLRB
Weeks after inviting public briefing on a potential change in the standard for determining the appropriateness of proposed bargaining units (discussed here), the National Labor Relations Board (NLRB) has again invited briefing in a pending case involving the standard for determining whether workers are properly classified as independent contractors under the National Labor Relations Act. … Continue Reading

The First Domino to Fall? NLRB Solicits Public Input on Test for Determining Appropriate Bargaining Units

Photo of Todd DawsonPhoto of Christian WhiteBy Todd Dawson and Christian White on Posted in NLRB
In a somewhat ominous sign of things to come, the National Labor Relations Board (NLRB or the Board) has invited briefing on whether to change the test for determining whether a union has proposed an appropriate employee voting group (i.e., a “voting unit”) in petitioning for an NLRB representation election. The current standard that applies … Continue Reading

Through the Looking Glass, Part 2: What Does ‘Protected Concerted Activity’ Look Like?

Photo of Christian WhitePhoto of Todd DawsonBy Christian White and Todd Dawson on Posted in NLRA, NLRB, Wage and Hour
As explained in a prior post, the National Labor Relations Act (NLRA) gives employees the right to engage in “protected concerted activity” when such activity is intended to improve their wages, benefits and working conditions. We also discussed NLRB General Counsel Jennifer Abruzzo’s intention to expand what falls within the definition of “working conditions” in … Continue Reading

The Continuing Adventures of the Congressional Reconciliation Package: NLRA Civil Penalties Trimmed in Latest Version of Legislation

Photo of Todd DawsonPhoto of Christian WhiteBy Todd Dawson and Christian White on Posted in NLRA
For a bit of a pleasant change, there’s some positive labor relations news for employers on the legislative front. But it’s not exactly rainbows and unicorns. As we explained previously, Democrats in the U.S. House of Representatives included provisions in their original reconciliation spending package that would have amended the National Labor Relations Act to … Continue Reading

Through The Looking Glass: The NLRB Seeks To Expand The Concept Of ‘Protected Concerted Activity’ Beyond Its Imaginable Limits

Photo of Christian WhitePhoto of Todd DawsonBy Christian White and Todd Dawson on Posted in NLRA, NLRB, Wage and Hour
Since the passage of the National Labor Relations Act (NLRA) in 1936, employees have possessed a right to engage in “protected concerted activity,” meaning they have the right to discuss workplace concerns and take action for mutual aid or protection. Indeed, the National Labor Relations Board’s (NLRB or the Board) website explicitly informs employees that … Continue Reading

A Hard Rain About to Fall? House Committee Details Proposed Changes to Federal Labor Law

Photo of Todd DawsonPhoto of Christian WhiteBy Todd Dawson and Christian White on Posted in Biden Administration, NLRB
If you hear a clinking noise in the distance, that may be the sound of organized labor hoisting its mugs to toast the Democratic majority in Congress. The House of Representatives’ Committee on Education and Labor announced a number of proposed changes last week to the National Labor Relations Act, which House and Senate Democrats … Continue Reading
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